The Reporter; Containing Decisions of the Supreme and Circuit Courts of the United States, Courts of Last Resort in the Several States, and the English Courts Volume 23

The Reporter; Containing Decisions of the Supreme and Circuit Courts of the United States, Courts of Last Resort in the Several States, and the English Courts Volume 23

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ...specially empowered, cannot make it." 1 Bishop on Crim. Proc. (3d ed.) 893. Mr. Wharton, in his Pleading and Practice (8th ed.), 733, concedes that a defendant can, by express statutory authority, waive his right to a trial by jury on a plea of guilty. We are of opinion that our statute (Code Crim. Proc. supra), allowing a waiver of jury trial in misdemeanors, is not in conflict with our Constitution, and that it was intended to confer the privilege and right upon a defendant in such cases, when he desired to enter a plea of guilty to the charge preferred against him, to have the court assess his punishment. His right to such a. mode of trial is a personal privilege and right, and, inasmuch as it is directly and expressly accorded him by law, we do not see how he can be deprived of the same, or be refused it when it is demanded by him, any more than he can be deprived of any other valuable right or privilege accorded by law. The right to be tried by the court alone may be as invaluable, in the opinion of defendants in some misdemeanors, and under some circumstances, as is the trial by jury in lower grades of felony. In misdemeanors, on a plea of guilty, the law provides thus for two modes of trial in fact; and it seems to us, from the wording of the statute, that it was intended to confer upon the defendant who pleads guilty, alone, the right of selecting the mode of trial. Having permitted defendant to avail himself of his right in the first instance, the court certainly had no right to force him to withdraw his plea, or to plead not guilty to a jury. Reversed and remanded. PEOPLES SAVINGS BANK v. BATES. (Supreme Court of the United States. March 7, 1887.) l. Chrmel Morl_qa_qe--Possession. It is not A second chattel...show more

Product details

  • Paperback | 528 pages
  • 189 x 246 x 27mm | 930g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236865103
  • 9781236865106